Defending individual liberty against the tyranny of government.
Truth, justice and the American way: liberty without compromise.

Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life,liberty, and property existed beforehand that caused men to make laws in the first place. - Frédéric Bastiat

Perry Eidelbus,Der Eidelblogger

Westchester,New York

Tuesday, March 15, 2005

Go Scalia!

He made what appears to be a terrific speech Monday where he slammed the Supreme Court's judicial activism.

"If you think aficionados of a living Constitution want to bring you flexibility, think again," Scalia told an audience at the Woodrow Wilson Center, a Washington think tank. "You think the death penalty is a good idea? Persuade your fellow citizens to adopt it. You want a right to abortion? Persuade your fellow citizens and enact it. That's flexibility."

"Why in the world would you have it interpreted by nine lawyers?" he said.

But that's exactly why a minority turns to the courts: it's easier to appeal to five people's personal beliefs than convincing everyone else.

Scalia said increased politics on the court will create a bitter nomination fight for the next Supreme Court appointee, since judges are now more concerned with promoting their personal policy preferences rather than interpreting the law.

"If we're picking people to draw out of their own conscience and experience a 'new' Constitution, we should not look principally for good lawyers. We should look to people who agree with us," he said, explaining that's why senators increasingly probe nominees for their personal views on positions such as abortion.

"When we are in that mode, you realize we have rendered the Constitution useless," Scalia said.

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"You are not to inquire how your trade may be increased, nor how you are to become a great and powerful people, but how your liberties can be secured; for liberty ought to be the direct end of your government."
- Patrick Henry, 1788